Simpson v. State, (1937)
Court: Supreme Court of Florida
Number:
Visitors: 12
Judges: CHAPMAN, J.
Filed: Mar. 15, 1937
Latest Update: Mar. 02, 2020
Summary: In this cause Mr. Chief Justice ELLIS and Mr. Justice DAVIS and Mr. Justice TERRELL are of the opinion that the judgment of the Criminal Court of Record for Dade County should be reversed; while Mr. Justice WHITFIELD, Mr. Justice BROWN and Mr. Justice BUFORD are of the opinion that the judgment should be affirmed. When the members of the Supreme Court, sitting six members in a body and after full consultation, it appears that the *Page 128 members of the Court are permanently and equally divided
Summary: In this cause Mr. Chief Justice ELLIS and Mr. Justice DAVIS and Mr. Justice TERRELL are of the opinion that the judgment of the Criminal Court of Record for Dade County should be reversed; while Mr. Justice WHITFIELD, Mr. Justice BROWN and Mr. Justice BUFORD are of the opinion that the judgment should be affirmed. When the members of the Supreme Court, sitting six members in a body and after full consultation, it appears that the *Page 128 members of the Court are permanently and equally divided ..
More
Paragraph 14 of Section 1 of Chapter 16087 provides that: "Narcotic drugs means coca beans, opium, cannabis, and every substance neither chemically nor physically distinguishable from them," and Section 2 makes it unlawful to sell any "narcotic drug" except as expressly authorized in the Act. The word "Cannabis" as used in the Act is defined in paragraph 13 of Section 1. And Section 19 providing that information or indictments for the enforcement of the Act need not negative any exception contained in the Act, the burden of proving that he falls within any such exception being upon the defendant. I think therefore the information was sufficient.
Source: CourtListener
